Did grandmother know about grandsons' heroin dealing?

A Macomb County jury today continues to deliberate whether a grandmother should be convicted of knowingly allowing her twin grandsons to deal heroin from two residences.

Diane Henton, 68, is charged with two counts of maintaining a drug house related to sales by Marco and Mario Henton, 20, both of whom have pleaded guilty to several drug dealing charges. Diane Henton’s charges are each punishable by up to two years in prison.

Assistant Macomb prosecutor Dena Keller during closing arguments Friday criticized Henton’s parenting skills and contended that Henton had to be aware of the dealing because police found heroin and drug paraphernalia in the open. In addition, she had to see the five to 10 buyers per day who came to the homes in Clinton Township and Sterling Heights, Keller contended.

She noted the young men didn’t work or pay any household bills, and yet $9,700 in cash in total was found in the two homes.

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“She had to know,” Keller said. “She’s the ultimate enabler, and there’s some evidence she was benefitting from this.

“There was a lot of activity. She would have had to completely bury her head in the sand to miss this.”

But Diane Henton’s attorney, Dennis Johnston, criticized Macomb prosecutors for pursuing the case against Henton even after her grandsons admitted guilt.

“What purpose does it serve by convicting this lady?” Johnston said. “The bad guys have been convicted. What does a conviction bring in this case other than to continue the 18-months nightmare” for Diane Henton.

The twins were originally charged in December 2011 with selling heroin from their grandmother’s apartment across 19 Mile Road from Chippewa Valley High School in Clinton Township. Three months later, the trio was arrested again, and the twins were accused of selling heroin at their new Sterling Heights residence.

The twins in February pleaded guilty to two counts of delivery or manufacture of less than 50 grams of a controlled substance, possession with intent to delivery of less than 50 grams of a controlled substance near a school, and maintaining a drug house. They are scheduled to be sentenced May 21 by Judge James Biernat Jr. in Macomb County Circuit Court in Mount Clemens.

Mario Henton testified they began dealing drugs at age 12 on Detroit streets. Their father died when they were babies, and their mother left a few years later. Diane Henton took over parenting them at 11.

Diane Henton’s trial began Tuesday in front of Biernat. Jurors started deliberating late Friday afternoon.

Johnston during closings criticized the prosecution’s motivation, noting the arrests received media coverage.

“There was media attention early,” Johnston told jurors. “Maybe they don’t want to be perceived as soft on crime in the media. If that’s the case, that in itself is a crime … You should be greatly offended by that decision.”

But Keller, a member of the prosecution’s drug unit, said that Henton should be held accountable because of the heroin’s devastating effects on not only users but their families and crime victims.

“What their grandmother is allowing them to do is contributing to the ripple effect of heroin. She provides the storefront for them to do it,” she said. “I see the effect heroin has on people all the time. I could tell you stories that would blow your mind.”

Johnston noted the prosecution’s case showed no direct evidence Henton knew about the dealing. “It’s all circumstantial,” he said.

He said the grandsons used their “street” abilities to shield their grandmother from the activity and emphasized she’s not on trial for her parenting skills.

“The issue in the (jury) box is whether there is any criminality,” he said.

Johnston also presented Henton’s niece, who testified her aunt is a good person.

“Good character alone” can be enough for the jury to acquit his client, Johnston said.

About the Author

My beat is the courts of Macomb County and general assignment.
Read more of Jameson Cook's court coverage on his blog http://courthousedish.blogspot.com/ Reach the author at jamie.cook@macombdaily.com
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